Okla. Stat. tit. 70, § 1

Repealed by Laws 1941, p. 416, § 8. §70-1-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-14. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-15. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-16. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-17. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-18. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-19. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-20. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-21. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-1-101. Oklahoma School Code. This act shall be known as the Oklahoma School Code. Added by Laws 1971, c. 281, § 1-101, eff. July 2, 1971. §70-1-102. Purpose of act. The purpose of the Oklahoma School Code is to provide for a state system of public school education and for the establishment, organization, operation and support of such state system. Added by Laws 1971, c. 281, § 1-102, eff. July 2, 1971. §70-1-103. Act to be liberally construed. If any section or part of the Oklahoma School Code is found to be ambiguous or otherwise subject to more than one interpretation, such section shall be liberally construed to the extent that the general purpose of the entire Code and of public education may be advanced. Added by Laws 1971, c. 281, § 1-103, eff. July 2, 1971. §70-1-104. Act not to repeal or modify tax laws unless specifically provided. Nothing in the Oklahoma School Code shall be interpreted as repealing or modifying any law in effect in the State of Oklahoma relative to the collection of any taxes unless specifically provided for herein, and all appropriations existing at the time this Code becomes effective shall be subject to all provisions of said appropriations at the time of their enactment and no omission of or reference to any appropriations shall be construed as repealing any such appropriation or part thereof. Added by Laws 1971, c. 281, § 1-104, eff. July 2, 1971. §70-1-105. State Department of Education - State Board of Education - State Superintendent of Public Instruction - Definitions. A. The State Department of Education is that department of the state government in which the agencies created or authorized by the Constitution and Legislature are placed and charged with the responsibility of determining the policies and directing the administration and supervision of the public school system of the state. These agencies are the State Board of Education, the State Superintendent of Public Instruction and any divisions and positions as may be established by law, by the State Board of Education or by the State Superintendent of Public Instruction. B. The State Board of Education is that agency in the State Department of Education which shall be the governing board of the public school system of the state. C. The State Superintendent of Public Instruction is the official provided for in Section 1 of Article VI of the Oklahoma Constitution who shall be the executive officer of the State Board of Education and have control of and direct the State Department of Education. Added by Laws 1971, c. 281, § 1-105, eff. July 2, 1971. Amended by Laws 1990, c. 293, § 6, eff. Sept. 1, 1990; Laws 2011, c. 31, § 1. §70-1-106. Public schools - Definition - What included. The public schools of Oklahoma shall consist of all free schools supported by public taxation and shall include nurseries, kindergartens, elementary, which may include either K-6 or K-8, secondary schools and technology center schools, not to exceed two (2) years of junior college work, night schools, adult and other special classes, vocational and technical instruction and such other school classes and instruction as may be supported by public taxation or otherwise authorized by laws which are now in effect or which may hereafter be enacted. Added by Laws 1971, c. 281, § 1-106, eff. July 2, 1971. Amended by Laws 2001, c. 33, § 64, eff. July 1, 2001. §70-1-107. Educational services - Enumeration. Either in conjunction with public schools or otherwise under the control and supervision of school agencies and officials provided by law for the control and supervision of public schools, other educational services may include health activities, school lunch programs, audiovisual education, safety education, vocational rehabilitation, education of exceptional and handicapped children, playground and physical education activities and such other special services, functions, and activities as may be authorized by law or by regulation of the State Board of Education. Laws 1971, c. 281, § 1-107, eff. July 2, 1971. §70-1-107.1. Technology - Generally defined for educational and governmental purposes. A. Unless otherwise specifically defined, technology is applied knowledge. For educational and governmental purposes, technology shall include but not be limited to information technology, telecommunications technology and implemental technology. Information technology shall include but not be limited to computers, computer hardware, scanners, multimedia material, facsimile, e-mail, computer software, CD ROM material or other magnetic media, computer simulations, video, the World Wide Web (WWW) or Internet, Listservs, multiuser domains and other technology used in distance learning or distance education. Telecommunications technology shall include but not be limited to local area networks and wide area networks. Implemental technology shall include but not be limited to implements, equipment, instruments or devices that promote the technology education process and are employed in the science or study of the practical, industrial, or mechanical arts or applied sciences. B. The provisions of subsection A of this section shall apply when related to the expenditure of public funds by educational and governmental entities. Added by Laws 1998, c. 90, § 1, emerg. eff. April 9, 1998. §70-1-108. School district - Definition. A school district is defined as any area or territory comprising a legal entity, whose primary purpose is that of providing free school education, whose boundary lines are a matter of public record, and the area of which constitutes a complete tax unit. Added by Laws 1971, c. 281, § 1-108, eff. July 2, 1971. §70-1-109. Length of school year - School for less than full year - Extended-day schedule - Closure for inclement weather. A. For all public schools in this state, school shall actually be in session and classroom instruction offered: 1. For not less than one hundred eighty-one (181) days; 2. For not less than one thousand eighty-six (1,086) hours each school year, if a district board of education adopts a school-hours policy and notifies the State Board of Education prior to October 15 of the applicable school year; 3. Beginning with the 2025-2026 school year, for not less than one thousand eighty-six (1,086) hours with a minimum of one hundred sixty-six (166) days of instruction each school year, if a district board of education adopts a school-hours policy and notifies the State Board of Education prior to October 15 of the applicable school year; or 4. Beginning with the 2025-2026 school year, for not less than one thousand eighty-six (1,086) hours each school year, if a district board of education adopts a school-hours policy, notifies the State Board of Education prior to October 15 of the applicable school year, and meets the requirements established by the State Board of Education pursuant to subsection H of this section. B. A school district may not count more than thirty (30) hours each school year that are used for attendance of professional meetings toward the one hundred eighty-one (181) days or one thousand eighty-six (1,086) hours of classroom instruction time required in subsection A of this section. C. Teachers off contract with an employing district shall not be required by the employing school district to attend professional meetings unless the teacher is paid additional compensation for the additional time. Teachers may be paid additional compensation for attending professional meetings in excess of their contract term. Subject to district board of education policy or collective bargaining agreement, additional paid professional days may be granted for individual teachers to attend or participate in professional meetings, staff development training, or National Board certification portfolio development as provided for in Section 6- 204.2 of this title. D. A school district may authorize parent-teacher conferences to be held during a regular school day. If authorized by the school district, parent-teacher conferences shall be counted as classroom instruction time for no more than six (6) hours per semester, for a total of twelve (12) hours per school year. E. A school district may maintain school for less than a full school year only when conditions beyond the control of school authorities make the maintenance of the term impossible and the State Board of Education has been apprised and has expressed concurrence in writing. F. The State Board of Education shall establish criteria for an extended-day schedule for schools subject to paragraph 1 of subsection A of this section. The criteria shall: 1. Prescribe a lengthened school day within limits determined not to be detrimental to quality instruction; 2. Ensure that the schedule is equivalent in annual hours of instruction to the one-hundred-eighty-one-day school year specified in paragraph 1 of subsection A of this section; and 3. Be consistent with the provisions of this section and Sections 1-111 and 1-112 of this title but may result in fewer annual days of instruction. G. Notwithstanding the provisions of subsection F of this section, a school district board of education subject to paragraph 1 of subsection A of this section may adopt and implement an extended- day schedule subject to the following requirements: 1. The annual number of hours of instruction shall equal or exceed one thousand eighty-six (1,086) hours, which is the equivalent of one hundred eighty-one (181) days of instruction as specified in subsection A of this section for six (6) hours each day as specified in Section 1-111 of this title; 2. The annual number of days of instruction shall equal or exceed one hundred eighty-one (181) days as specified in subsection A of this section; 3. The schedule adopted shall be consistent with the provisions of Sections 1-111 and 1-112 of this title, except that for not more than one (1) day per week, a school day shall consist of not less than five (5) hours devoted to academic instruction in a regular classroom setting; 4. The district shall hold a public hearing prior to the adoption of an extended-day schedule authorized pursuant to this subsection; and 5. The district shall document the impact on student achievement as determined by the academic performance data score and any other relevant factors that are a result of implementation of an extended-day schedule authorized pursuant to this subsection and provide an annual report to the State Board of Education of the results. If improvement in student achievement cannot be documented in the report, the district board of education shall revoke authorization as provided by this subsection. If the district board of education does not revoke authorization after student achievement is not documented in the report, the State Board of Education may deny accreditation of any school in violation of this subsection. H. Beginning with the 2021-2022 school year, a school district board of education may adopt a school-hours policy as provided for by paragraph 4 of subsection A of this section only if it meets or exceeds the minimum guidelines for student performance and school district cost savings established by the State Board of Education. The State Board of Education shall promulgate rules, subject to approval by the Legislature, establishing the minimum guidelines for student performance and school district cost savings. I. If subject to paragraph 2 of subsection A of this section, a district board of education or designee may elect to close a school during the school day for inclement weather purposes. In such an event, the number of hours incurred in classroom instruction time prior to school closure shall be counted toward the one thousand eighty-six (1,086) hours per year requirement. J. 1. Except as provided for in paragraph 2 of this subsection, beginning with the 2026-2027 school year a school district or charter school shall not count days or portions of days when school is closed and virtual instruction is provided toward the one hundred eighty-one (181) days or one thousand eighty-six (1,086) hours of classroom instruction time required by subsection A of this section. For the purposes of this subsection, "virtual instruction" means the use of the Internet or other digital information transmission systems as a form of instruction. 2. Beginning with the 2026-2027 school year, a school district or charter school may count up to two (2) days or twelve (12) hours when school is closed and virtual instruction is provided toward the one hundred eighty-one (181) days or one thousand eighty-six (1,086) hours of classroom instruction time required by subsection A of this section only if: a. the Superintendent of Public Instruction has approved the virtual instruction plan submitted by a school district board of education or charter school governing board. A school district board of education or charter school governing board shall approve its virtual instruction plan, publish the plan on the website for the school district or charter school, and submit it to the Superintendent of Public Instruction by November 1, 2025. The Superintendent shall approve or disapprove all submitted virtual instruction plans by January 31, 2026. A school district board of education or charter school governing board shall review its virtual instruction plan annually and approve any necessary revisions for submission to the Superintendent of Public Instruction by November 1 each subsequent year, and the Superintendent shall approve or disapprove submitted plans by January 31 each subsequent year. If a plan is disapproved, the school district board of education or charter school governing board may approve a revised plan, publish it on the website for the school district or charter school, and submit it to the Superintendent. The plan shall include a virtual needs assessment which shall address availability of technology infrastructure to deliver virtual instruction. The plan shall also address how the school district or charter school plans to provide: (1) instruction to students on an Individualized Education Program (IEP), (2) child nutrition services, and (3) transportation for students enrolled in technology center school courses or programs, b. a state of emergency or proclamation has been issued by the Governor for a specific reason relating to school district or charter school operations, and c. the school district board of education or charter school governing board approves the use of virtual instruction. 3. The provisions of this subsection shall not apply to statewide virtual charter schools or full-time virtual education programs operated by a school district. K. By June 30, 2027, and by June 30 each subsequent year, the State Department of Education shall publish on its website and electronically submit to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives a report with information regarding the use of virtual instruction as authorized by subsection J of this section. The report shall include, at a minimum: 1. The school districts and charter schools that closed school and provided virtual instruction as authorized by subsection J of this section and the length of time virtual instruction was provided; and 2. The reason for which school was closed and virtual instruction was provided. L. Nothing in this section shall be construed as affecting the right of an employing school district to require teachers as defined in Section 6-101.3 of this title to work in excess of the one thousand eighty-six (1,086) hours required for student instruction. In addition, nothing in this section shall be construed to affect the Fair Labor Standards Act of 1938 status of any school district employee. M. The provisions of this section shall not prohibit the Oklahoma School for the Blind or the Oklahoma School for the Deaf from adopting an alternative school-hours policy if the Oklahoma School for the Blind or the Oklahoma School for the Deaf notifies and receives approval from the State Board of Education prior to October 15 of the applicable school year. Added by Laws 1971, c. 281, § 1-109, eff. July 2, 1971. Amended by Laws 1978, c. 22, § 1, emerg. eff. March 10, 1978; Laws 1979, c. 1, § 1, emerg. eff. March 8, 1979; Laws 1981, c. 290, § 1, eff. July 1, 1981; Laws 1982, c. 13, § 1, emerg. eff. March 17, 1982; Laws 1983, c. 330, § 39, operative July 1, 1983; Laws 1984, c. 296, § 36, operative July 1, 1984; Laws 1985, c. 143, § 1, eff. July 1, 1985; Laws 1992, c. 324, § 4, eff. July 1, 1992; Laws 1998, c. 350, § 2, emerg. eff. June 5, 1998; Laws 2002, c. 236, § 1, eff. July 1, 2002; Laws 2006, c. 250, § 1, eff. July 1, 2006; Laws 2009, c. 103, § 1, emerg. eff. April 24, 2009; Laws 2013, c. 83, § 1, eff. July 1, 2013; Laws 2013, c. 242, § 1, eff. Nov. 1, 2013; Laws 2016, c. 6, § 1, eff. July 1, 2016; Laws 2019, c. 490, § 1, eff. Sept. 1, 2019; Laws 2025, c. 41, § 1; Laws 2025, c. 480, § 1, eff. July 1, 2025. NOTE: Laws 1981, c. 81, § 1 repealed by Laws 1982, c. 13, § 2, emerg. eff. March 17, 1982. §70-1-109.1. Optional Extended School Year Program. A. School districts shall have the option of establishing and offering an extended school year according to the provisions of this section. The Optional Extended School Year Program provided in paragraph 15 of subsection A of Section 109 of this act means those programs which school districts may provide at the district, site or class level. For the purposes of this program, a school year shall consist of either eleven (11) or twelve (12) months in which school is offered in excess of two hundred (200) days of at least six (6) hours each day. The purpose of the program shall be to improve academic achievement of students participating in the extended school year. The program shall be funded by means of the pupil category weight to be determined by the State Board of Education based upon an amount of funding specified in the State Board of Education's annual appropriation and the level of participation. B. The State Board of Education shall establish criteria for participation in the program which shall include: 1. A competitive application process based upon requests for proposals; 2. A plan for determining measurable results in terms of academic achievement, pupil retention and other indicators of educational success, including the remediation needs of the district's students; 3. Diversified participation by school district size and geographic location and by amount of school district budget. At least one school district in each of the following categories shall be included: General Fund of less than One Million Dollars ($1,000,000.00); General Fund of from One Million Dollars ($1,000,000.00) to Five Million Dollars ($5,000,000.00); General Fund of from Five Million Dollars ($5,000,000.00) to Ten Million Dollars ($10,000,000.00); and General Fund of Ten Million Dollars ($10,000,000.00) or more. Provided, participation in one of the above categories may be disallowed if no district meeting such fund requirements makes application for the program. Added by Laws 1989, 1st Ex.Sess., c. 2, § 18, operative July 1, 1990. §70-1-110. Repealed by Laws 2009, c. 103, § 6, emerg. eff. April 24, 2009. §70-1-111. School day - Six hours - Exceptions. A. Except as otherwise provided for by law, a school day shall consist of not less than six (6) hours devoted to school activities. A district board of education may elect to extend the length of one (1) or more school days to more than six (6) hours and reduce the number of school days as long as the total amount of classroom instruction time is not less than one thousand eighty (1,080) hours per year as required pursuant to Section 1-109 of this title. B. A school day for nursery, early childhood education, kindergarten, and alternative education programs shall be as otherwise defined by law or as defined by the State Board of Education. Except as otherwise provided for in this subsection, not more than one (1) school day shall be counted for attendance purposes in any twenty-four-hour period. Two (2) school days, each consisting of not less than six (6) hours, may be counted for attendance purposes in any twenty-four-hour period only if one of the school days is for the purpose of parent-teacher conferences held as provided for in Section 1-109 of this title. C. Except as provided in subsection D of this section, students absent from school in which they are regularly enrolled may be considered as being in attendance if the reason for such absence is to participate in scheduled school activities under the direction and supervision of a regular member of the faculty or to participate in an online course approved by the district board of education. The State Board of Education shall adopt rules to provide for the implementation of supplemental online courses which shall include, but not be limited to, provisions addressing the following: 1. Criteria for student admissions eligibility; 2. A student admission process administered through the district of residence, which provides the ability for the student to enroll in individual courses; 3. A process by which students are not denied the opportunity to enroll in educationally appropriate courses by school districts. For the purposes of this section, "educationally appropriate" means any instruction that is not substantially a repeat of a course or portion of a course that the student has successfully completed, regardless of the grade of the student, and regardless of whether a course is similar to or identical to the instruction that is currently offered in the school district; 4. Creation of a system which provides ongoing enrollment access for students throughout the school year; 5. A grace period of fifteen (15) calendar days from the first day of an online course for student withdrawal from an online course without academic penalty; 6. Mastery of competencies for course completion rather than Carnegie units; 7. Student participation in extracurricular activities in accordance with school district eligibility rules and policies and any rules and policies of a private organization or association which provides the coordination, supervision, and regulation of the interscholastic activities and contests of schools; 8. Parent authorization for release of state test results to online course providers, on a form developed by the State Department of Education; and 9. A review process to identify and certify online course providers and a uniform payment processing system. D. Except as provided in paragraph 3 of this subsection, students absent from school in which they are regularly enrolled shall be given an excused absence if the reason for such absence is to participate in scheduled 4-H activities or programs as approved by the county 4-H educator. The number of excused absences allowed pursuant to this subsection shall be subject to the attendance policy of the school district board of education. 1. Upon request from a school principal or attendance officer, a 4-H educator shall provide documentation as proof of student participation in an activity or program sponsored by 4-H. 2. Students shall be given the opportunity to make up any schoolwork missed while they are participating in activities or programs sponsored by 4-H. Students shall not have their class grades adversely affected for lack of attendance or participation due to their participation in activities or programs sponsored by 4- H. 3. A school principal or his or her designee shall not credit a student who participates in an activity or program sponsored by 4-H with an excused absence if the participation occurs during: a. the schedule established by the State Board of Education for the administration of statewide student assessments, or b. any period of time for which the student has been disciplined, suspended, or expelled, if the terms of punishment would preclude the student from participating in an educational field trip or extracurricular activity. E. Each district board of education shall adopt policies and procedures that conform to rules for online courses as adopted by the State Board. Such policies shall include criteria for approval of the course, the appropriateness of the course for a particular student, authorization for full-time students to enroll in online courses, and establishing fees or charges. No district shall be liable for payment of any fees or charges for any online course for a student who has not complied with the district's policies and procedures. School districts shall not deny students the opportunity to enroll in educationally appropriate courses and shall provide an admissions process which includes input from the student, the parent or legal guardian of the student, and school faculty. F. Districts shall require students enrolled in online courses to participate in the Oklahoma School Testing Program Act. Students participating in online courses from a remote site will be responsible for providing their own equipment and Internet access, unless the district chooses to provide the equipment. Credit may not be granted for such courses except upon approval of the State Board of Education and the district board of education. G. Nothing in this section shall prohibit a student who transfers from the district in which the student resides to another school district pursuant to the Education Open Transfer Act from enrolling in a full-time virtual education program offered by the receiving school district. A student who enrolls pursuant to this subsection shall be subject to the provisions of Section 8-103.2 of this title. The board of education of a school district with a full-time virtual education program shall adopt a policy to determine the number of transfer students the program has the capacity to accept in each grade level, as provided for in Section 8-101.2 of this title. H. Districts may provide students with opportunities for blended instruction. "Blended instruction" shall mean a combination of brick-and-mortar learning and virtual learning environments that includes elements of a student's control over place, pace, and path of learning. A student in blended instruction may work on virtual courses at home or at school in a blended flex lab but shall participate in at least one unit or set of competencies as defined by Section 11-103.6 of this title at a physical school building in a traditional classroom setting which is the academic equivalent of one (1) hour per day for each instructional day in the school year as defined by Section 1-109 of this title. I. The school day for kindergarten may consist of six (6) hours devoted to school activities. Added by Laws 1971, c. 281, § 1-111, eff. July 2, 1971. Amended by Laws 1989, c. 335, § 5, eff. July 1, 1989; Laws 1989, 1st Ex. Sess., c. 2, § 32, emerg. eff. April 25, 1990; Laws 1992, c. 324, § 5, eff. July 1, 1992; Laws 1994, c. 290, § 68, eff. July 1, 1994; Laws 2001, c. 427, § 1, emerg. eff. June 5, 2001; Laws 2002, c. 453, § 1, eff. July 1, 2002; Laws 2003, c. 169, § 1, eff. July 1, 2003; Laws 2004, c. 5, § 81, emerg. eff. March 1, 2004; Laws 2009, c. 103, § 2, emerg. eff. April 24, 2009; Laws 2010, c. 352, § 1; Laws 2011, c. 368, § 1, eff. July 1, 2011; Laws 2012, c. 24, § 1, eff. July 1, 2012; Laws 2013, c. 203, § 1, eff. July 1, 2013; Laws 2016, c. 135, § 1, eff. July 1, 2016; Laws 2021, c. 563, § 4, emerg. eff. May 28, 2021; Laws 2022, c. 153, § 1, eff. July 1, 2022; Laws 2024, c. 4, § 1. NOTE: Laws 2003, c. 40, § 1 repealed by Laws 2004, c. 5, § 82, emerg. eff. March 1, 2004. §70-1-112. School taught on Saturday. School taught on Saturday shall not be counted for attendance purposes in meeting the school year requirements as set forth in Section 1-109 of this title. School taught on Saturday may be substituted for regular school days during which school has been or will be closed upon approval of the State Board of Education. Added by Laws 1971, c. 281, § 1-112, eff. July 2, 1971. Amended by Laws 2009, c. 103, § 3, emerg. eff. April 24, 2009. §70-1-113. School district residency. A. When used in this section, the residence of any child for school purposes shall be: 1. The legal residence of the parents, guardian, or person having legal custody. Each school district board of education shall adopt a policy establishing the requirements for student residency for that district which provides for residence as described in this paragraph. Within the discretion of each school district's board of education, the policy may but is not required to allow for establishment of residency by affidavit when an adult, whether a relative or not, who does not fall within one of the categories listed above, who holds legal residence in the school district, and who has assumed permanent care and custody of the child files an affidavit with the school district attesting that they have assumed custody and the reasons for assuming custody. Any policy allowing the establishment of residency by affidavit shall require the adult who provides the affidavit to affirm in such affidavit that the custody arrangement is permanent and that the adult contributes the major degree of support to the child. If the school district policy allows establishment of residency by affidavit, any person who willfully makes a statement in the affidavit which the person knows to be false shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year or a fine of not more than Five Hundred Dollars ($500.00) or both such fine and imprisonment. Each school district shall include in its policy on residency any documentation necessary for the administration of the policy; 2. The foster family home, as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, except a therapeutic foster family home or a specialized foster home where a child is in voluntary placement as defined in subsection D of this section, in which the child has been placed: a. by the person or agency having legal custody of the child pursuant to a court order, or b. by a state agency having legal custody of the child pursuant to the provisions of Title 10A of the Oklahoma Statutes. Upon request of the foster parent, the residence of a child in foster care for school purposes may be changed to the school district in which the child resided prior to being placed in foster care or the school district in which the previous foster family home of the child is located; 3. Any orphanage or eleemosynary child care facility having full-time care and custody; 4. Any eleemosynary child care facility in which a child is placed by a parent or guardian for full-time residential care; provided, the provision of this paragraph shall apply only to children who attend a district school by joint agreement of the school district and facility and who are not placed in the facility through a state contract. For purposes of this paragraph, "eleemosynary child care facility" means a facility: a. where child care and services are provided, and b. which is funded predominantly by benevolent or charitable funds and is exempt from taxation pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3); 5. Any state-operated institution in which a child has been placed by a parent or guardian or by a state agency having legal custody of the child pursuant to the provisions of Title 10A or Section 3-101 of Title 43A of the Oklahoma Statutes for care and treatment due to a physical or mental condition of the child; 6. Any facility in which a child has been admitted and is receiving on-site educational services as provided for in Section 3- 104.7 of this title; 7. The district in which a child who is entirely self- supporting resides and attends school; or 8. A state-licensed children's emergency resource center or state-operated emergency shelter. B. No school district shall bear the cost of educating children who are not residents of this state. A school district may furnish educational services pursuant to contract as elsewhere provided by law. A school district may furnish educational services pursuant to a contract to children who do not reside in the United States of America; provided, the children shall not be counted in the average daily membership of the school district. C. For the purpose of ensuring that a child placed in a therapeutic foster family home, as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, receives an appropriate education, no receiving school district shall be required to enroll such a child if the enrollment would cause the proportion of students in therapeutic foster family homes as compared to the average daily membership of the receiving district for the preceding school year to exceed two percent (2%). Children served by Head Start may not be counted for the purpose of this paragraph unless the child is on an individualized education program provided by the school district. Any school district may enroll such students who are outside the student's resident district in therapeutic foster family home placements which exceed this limit if the school determines it possesses the ability to provide such child an appropriate education. D. When a child does not meet the criteria for residency provided in subsection A of this section and is placed in any of the following entities which is out of the home of the child and not in the school district in which the child legally resides: 1. A residential facility; 2. A treatment program or center, including the facility operated pursuant to Section 485.1 of Title 63 of the Oklahoma Statutes; 3. A therapeutic foster family home as defined in Section 1-1- 105 of Title 10A of the Oklahoma Statutes; 4. A specialized foster home, which is a specialized foster home or an agency-contracted home under the supervision of and certified as meeting the standards set by the Department of Human Services and is funded through the Department of Human Services Home and Community-Based Waiver Services Program; or 5. An acute psychiatric care facility, the entity shall, if the child contends he or she resides in a school district other than the district where the entity is located, within eleven (11) days of admittance, notify the school district in which the entity is located of the admittance. For minors who are persons requiring psychiatric treatment as defined by Title 43A of the Oklahoma Statutes, on-site educational services shall be provided beginning on the eleventh day of admission. Upon provision of educational services to children pursuant to the provisions of subsection F of this section, the receiving school district shall receive the State Aid as defined in subsection C of Section 18-110 of this title for those students. Access to the due process procedure guaranteed to children with disabilities shall be available to resolve disagreements about the appropriateness of placements of children with disabilities. E. The governing body of any state institution for children operated pursuant to the provisions of Title 10A of the Oklahoma Statutes or Section 3-101 of Title 43A of the Oklahoma Statutes and the board of education of the school district in which the institution is located or any other school district in the state willing to provide necessary educational services may enter into a contract whereby the district will maintain a school for the children of the institution, in which event the residence of the children for school purposes will be considered as being in the district maintaining the school; provided, however, that upon release from the school, a child shall be considered as a resident of the originating school district for school purposes. The governing body of the state institutions specified in this subsection shall pay the costs for educating students placed in the state institution less any amount of funds received for the students by the school district contracting with the state institution to provide necessary educational services. F. 1. The school district in which an entity as described in subsection D of this section exists to serve children in out-of-home placements shall, upon request of the individual or agency operating the entity, provide the educational services to which the children in the entity are entitled subject to the limitations provided in subsection C of this section. No person operating such an entity may contract for the provision of educational services with any school district other than the school district in which the entity is located unless the school district in which the entity is located agrees in writing to allow another school district to provide the educational services or unless the person operating the entity contracts with another school district for the provision of educational services to be provided through remote Internet-based courses. No person operating such an entity may contract for the provision of educational services with more than one school district. 2. Prior to location in a school district, the individual or agency operating an entity described in subsection D of this section which requires provision of educational services from the school district shall notify the local board of education of its anticipated educational needs. No school district shall be required to provide educational services for students in the entity until at least sixty (60) calendar days have elapsed from the time in which the local board of education was initially notified of the need unless the school district so agrees to provide the educational services sooner. The provisions of this paragraph shall not apply to therapeutic or specialized foster homes. 3. Educational services provided shall meet or exceed state accreditation standards. No school district shall be responsible for any expenses for students in an entity described in subsection D of this section which are not directly related to the provision of educational services. A school district shall not be obligated for expenses of those students in an entity in the current school year for whom educational services are requested after the first nine (9) weeks of the current school year for the district if educational services are requested for twelve or more students than were served in the first nine (9) weeks, unless the school district chooses to provide educational services for the current school year. Contracts and agreements for provision of educational services may allow for the use of public and private sources of support which are available to share the costs of educational services and of therapies, treatments, or support services. Otherwise valid obligations to provide or pay for such services, such as Medicaid, shall remain in effect for children who are eligible for the services from sources other than the school district. 4. Upon the request of any residential facility which has contracted with the Office of Juvenile Affairs to provide either a regimented juvenile training program or a high-impact wilderness camp to a minimum of forty students who have been adjudicated, a school district may contract for the facility to provide the educational services to those students. Under a contract, the facility shall operate in accordance with all applicable laws, including compliance with Section 18-114.14 of this title. The contract shall include the State Aid generated by the students, less a fee for administrative services which may be retained by the school district, not to exceed ten percent (10%) of the total on an annual basis. The school district shall exercise supervision over the educational program in the facility and bear all responsibility for required educational reporting. The school district shall maintain access to all educational records for students in the facility, and shall provide for the appropriate academic credit and diplomas. The school district shall be indemnified against any actions or penalties on the part of the facility which result in adversity for the school district. G. Any question as to the place of residence of any child for school purposes shall be decided pursuant to procedures utilized by the State Department of Education. H. The receiving district shall notify the district of residence immediately upon finding that the student requires special education and related services and the district of residence shall participate in planning the Individualized Education Program (IEP) for the student and in subsequent reviews of the program in accordance with the Individuals with Disabilities Education Act (IDEA). Added by Laws 1971, c. 281, § 1-113, eff. July 2, 1971. Amended by Laws 1983, c. 150, § 1, operative July 1, 1983; Laws 1984, c. 182, § 1, emerg. eff. May 7, 1984; Laws 1985, c. 336, § 1, operative July 1, 1985; Laws 1986, c. 102, § 1, operative July 1, 1986; Laws 1987, c. 122, § 1, eff. July 1, 1987; Laws 1989, c. 250, § 2, operative July 1, 1989; Laws 1992, c. 262, § 3, emerg. eff. May 22, 1992; Laws 1994, c. 168, § 1, eff. July 1, 1994; Laws 1995, c. 231, § 8, eff. Nov. 1, 1995; Laws 1996, c. 319, § 1, eff. July 1, 1996; Laws 1997, c. 343, § 1, eff. July 1, 1997; Laws 1998, c. 362, § 1, eff. July 1, 1998; Laws 2002, c. 453, § 2, eff. July 1, 2002; Laws 2009, c. 234, § 154, emerg. eff. May 21, 2009; Laws 2014, c. 90, § 1, eff. July 1, 2014; Laws 2015, c. 54, § 27, emerg. eff. April 10, 2015; Laws 2015, c. 363, § 1, eff. July 1, 2015; Laws 2017, c. 254, § 5, eff. Nov. 1, 2017. NOTE: Laws 2014, c. 150, § 1 repealed by Laws 2015, c. 54, § 28, emerg. eff. April 10, 2015. §70-1-114. Free attendance - Admission to early childhood programs - Enrollment in kindergarten and first grade - Nonresident tuition fee. A. All children between the ages of five (5) years on or before September 1 and twenty-one (21) years on or before September 1 shall be entitled to attend school free of charge in the district in which they reside. B. All children who are at least four (4) years of age but not more than five (5) years of age on or before September 1 and who have not attended a public school kindergarten shall be entitled to attend half-day or full-day early childhood programs at any public school in the state where such programs are offered; provided, no child shall be required to attend any early childhood education program. The following paragraphs shall govern early childhood programs: 1. Children who are at least four (4) years of age but not more than five (5) years of age on or before September 1 shall be entitled to attend either half-day or full-day early childhood programs in their district of residence free of charge as long as the district has the physical facilities and teaching personnel to accommodate the child. For purposes of calculation of State Aid, children in an early childhood education program shall be included in the average daily membership of the district providing the program; 2. A child who has not reached the age of five (5) years on or before September 1 and who resides in a district which does not offer an early childhood program shall be eligible for transfer to a district where an early childhood program is offered if the district that offers the early childhood program has the capacity to accept the child as provided for in the Education Open Transfer Act. A district offering early childhood programs may refuse to accept a nonresident child if the district does not have the capacity to accommodate the child in an early childhood education class, as provided for in the Education Open Transfer Act. If the child requesting the transfer has not reached the age of four (4) years on or before September 1, the district may refuse to accept the nonresident child if the district determines the child is not ready for an early childhood program. Children who are accepted in a program outside their district of residence as provided in this paragraph shall be included in the average daily membership of the district providing the program for State Aid funding subject to the State Aid formula weight limitations set forth in paragraph 1 of this subsection; and 3. The State Board of Education shall promulgate rules that create exemptions relating to the maximum age at which a child may attend half-day or full-day early childhood programs. C. No child shall be enrolled in kindergarten unless he or she will have reached the age of five (5) years on or before September 1 of the school year. No child shall be enrolled in the first grade unless he or she will have reached the age of six (6) years on or before September 1 of the school year. D. 1. No nonresident and nontransferred pupil shall be allowed to attend school in any school district unless a tuition fee equal to the per capita cost of education for a similar period in such district during the preceding year has been paid to the receiving district in advance yearly or by semester as determined by the district board of education of the receiving district. If the State Board of Education discovers that the attendance has been allowed without prior payment of the tuition fee in advance as required, no further payment of any State Aid funds shall be made to the district until the district has shown to the satisfaction of the State Board of Education that all tuition fees have been paid or that the pupil will no longer be allowed to attend school until the required tuition fee has been paid. 2. The provisions of paragraph 1 of this subsection shall not apply to a school district that enrolls nonresident students from a contiguous, out-of-state school district if the district: a. does not receive payment of any State Aid funds, and b. has a per-pupil expenditure, as defined by Section 1- 124 of this title, that is above the state average per-pupil expenditure. A nonresident student whose resident district, as determined by Section 1-113 of this title, is not within this state shall not be eligible for State Aid. No local funding associated with the nonresident student’s out-of-state resident district shall be allocated or transferred to the receiving school district. E. Any parent, guardian, person, or institution having care and custody of a child who pays ad valorem tax on real property in any other school district other than that in which that person resides may, with the approval of the receiving school district, enroll the child in any school district in which ad valorem tax is paid and receive a credit on the nonresident tuition fee equal to the amount of the ad valorem tax paid for school district purposes in the school district in which the child is enrolled. Provided, the credit shall not exceed the total amount required for the tuition payment. Added by Laws 1971, c. 281, § 1-114, eff. July 2, 1971. Amended by Laws 1972, c. 93, § 1; Laws 1974, c. 21, § 1; Laws 1979, c. 114, § 1; Laws 1979, c. 204, § 1, eff. July 1, 1979; Laws 1989, c. 335, § 6, eff. July 1, 1989; Laws 1989, 1st Ex. Sess., c. 2, § 15, emerg. eff. April 25, 1990; Laws 1990, c. 263, § 61, operative July 1, 1990; Laws 1992, c. 262, § 4, emerg. eff. May 22, 1992; Laws 1993, c. 333, § 1, eff. July 1, 1993; Laws 1994, c. 220, § 1, eff. July 1, 1994; Laws 1998, c. 204, § 1, eff. July 1, 1998; Laws 2016, c. 4, § 1, eff. Nov. 1, 2016; Laws 2024, c. 258, § 1, eff. July 1, 2024. §70-1-114.1. Foreign exchange students - Guidelines for acceptance. Unless otherwise prohibited by federal law, school districts may: 1. Only have to accept exchange students on J-1 visas, issued pursuant to paragraph (a) (15) (J) of Section 1101 of Title 8 of the United States Code, which hold the sponsoring organization responsible; 2. Not have to accept exchange students on M-1 visas, issued pursuant to paragraph (a) (15) (M) of Section 1101 of Title 8 of the United States Code, which are for vocational or nonacademic students or F-1 visas, issued pursuant to paragraph (a) (15) (F) of Section 1101 of Title 8 of the United States Code, which hold the school responsible; 3. Use the governing regulations set by the United States Information Agency (USIA) for Exchange Visitor Programs as guidelines and standards for local schools; 4. Have the right to accept or reject any exchange student or sponsoring organization not adhering to the USIA regulations; and 5. Have the right to reject any exchange student if the student, legal custodian, or legal guardian is not a resident of the district. Added by Laws 1994, c. 212, § 1, eff. July 1, 1994. §70-1-114.2. Operation as grantee of a federal Head Start program - Calculation of state aid. Any school district is hereby authorized to operate as a grantee of a federal Head Start program. For purposes of calculating state aid a school district may not count any child enrolled in or teacher employed by a Head Start program operated by the district for the portion of the day federal Head Start funds or state funds appropriated for Head Start programs are received. Added by Laws 2002, c. 437, § 5, eff. July 1, 2002. §70-1-115. Public school system - Administration. The public school system in Oklahoma shall be administered by the State Department of Education, State Superintendent of Public Instruction, boards of education of school districts, and superintendents of school districts. Added by Laws 1971, c. 281, § 1-115, eff. July 2, 1971. Amended by Laws 2011, c. 31, § 2. §70-1-116. Positions in school system - Definitions. As used in this title: 1. "Teacher" means any person who is employed to serve as district superintendent, principal, supervisor, counselor, librarian, school nurse, athletic trainer, or classroom teacher or in any other instructional, supervisory or administrative capacity. The person shall not be deemed qualified unless the person holds a valid certificate issued by and in accordance with the rules of the State Board of Education or the rules of the State Board of Career and Technology Education, to perform the particular services for which the person is employed; 2. "Superintendent" or "superintendent of schools" means the executive officer of the board of education and the administrative head of the school system of a district maintaining an accredited school, provided the person holds an administrator's certificate recognized by the State Board of Education; 3. "Principal" means any person other than a district superintendent of schools having supervisory or administrative authority over any school or school building having two or more teachers. A teaching principal shall be a principal who devotes at least one-half (1/2) the time school is in session to classroom teaching. Teaching principals shall be required to hold administrative certificates; 4. "Teachers" means, for purposes of complying with the State Aid Law and other statutes, but not any other provision of law, which apportion money on the basis of teaching units or the number of teachers employed or qualified, all persons holding proper certificates and connected in any capacity with the instruction of pupils; 5. "Inductee" means any certified teacher who is employed in a local school to serve as a classroom teacher under the guidance and assistance of a mentor teacher or teachers; 6. "Student teacher" means any student who is enrolled in an institution of higher learning approved by the State Board of Education for teacher training and who is jointly assigned by the institution of higher learning and a board of education of a school district to perform practice teaching under the direction of a regularly employed and certified teacher. A student teacher, while serving an internship under the supervision of a certified teacher, shall be accorded the same protection of the laws as that accorded the certified teacher and shall be eligible to receive compensation beginning on the first day of the internship for up to one full school year; provided, however, that such compensation shall not be considered compensation for purposes of teacher retirement or the minimum salary schedule; 7. "School nurse" means a person employed full time by a board of education who is a registered nurse licensed by the Oklahoma State Board of Nurse Registration and Nursing Education and is certified the same as a teacher by the State Board of Education. Provided, that any person who is employed as a full-time school nurse in any school district in Oklahoma who is not registered on July 2, 1971, may continue to serve in the same capacity; however, such person shall, under rules adopted by the State Board of Education, attend classes in nursing and prepare to become registered. A school nurse employed by a board of education shall be accorded the same protection of laws and all other benefits as a certified teacher; 8. "Athletic trainer" means a person employed full time by a board of education who is a Certified Athletic Trainer with current certification from the Board of Certification of the National Athletic Trainers' Association and is also currently licensed to practice in the state in accordance with the State Board of Medical Licensure and Supervision. An athletic trainer employed by a board of education shall be accorded the same protection of laws and all other benefits as a certified teacher; and 9. "Support employee" means an employee who provides those services which are not performed by certified teachers, principals, superintendents or administrators and which are necessary for the efficient and satisfactory functioning of a school district. Added by Laws 1971, c. 281, § 1-116, eff. July 2, 1971. Amended by Laws 1973, c. 193, § 1, emerg. eff. May 17, 1973; Laws 1980, c. 284, § 15, emerg. eff. June 10, 1980; Laws 1989, 1st Ex. Sess., c. 2, § 58, emerg. eff. April 25, 1990; Laws 1993, c. 239, § 20, eff. July 1, 1993; Laws 1994, c. 345, § 1, eff. July 1, 1994; Laws 2014, c. 124, § 1, eff. July 1, 2014; Laws 2016, c. 360, § 1, eff. July 1, 2016; Laws 2017, c. 391, § 1, emerg. eff. June 8, 2017; Laws 2018, c. 165, § 1, eff. Nov. 1, 2018; Laws 2019, c. 273, § 1, emerg. eff. May 2, 2019; Laws 2021, c. 496, § 1, eff. July 1, 2021; Laws 2024, c. 281, § 1, eff. Nov. 1, 2024. §70-1-116.1. Teaching principal - Amount of time in classroom. A teaching principal, as defined in Section 1-116 of Title 70 of the Oklahoma Statutes, shall be permitted to devote less than one- half (1/2) the time school is in session to classroom teaching only when it has been determined by the State Board of Education that such action is necessary for the satisfactory completion of the school year. The State Board of Education shall adopt the necessary criteria to provide for such contingency. Added by Laws 1982, c. 342, § 8, emerg. eff. June 2, 1982. §70-1-116.2. Application of medicine or sunscreen to students - Vaccinations. A. A school nurse, or in the absence of such nurse, an administrator or designated school employees, pursuant to the written authorization of the parent or guardian of the student, may: 1. Administer a nonprescription medicine; 2. Assist a student in applying sunscreen, a compound topically applied to prevent a sunburn; and 3. Administer a filled prescription medicine as that term is defined by Section 353.1 of Title 59 of the Oklahoma Statutes pursuant to the directions for the administration of the medicine listed on the label or as otherwise authorized by a licensed physician. B. In addition to the persons authorized to administer nonprescription medicine and filled prescription medicine pursuant to the provisions of subsection A of this section, a nurse employed by a county health department and subject to an agreement made between the county health department and the school district for medical services, may administer nonprescription medicine and filled prescription medicine pursuant to the provisions of this section. C. Each school in which any medicine is administered pursuant to the provisions of subsection A of this section shall keep a record of the name of the student to whom the medicine was administered, the date the medicine was administered, the name of the person who administered the medicine and the type or name of the medicine which was administered. D. Medicine to be administered by the county or school nurse, administrator or the designated persons and which is stored at the school shall be properly stored and not readily accessible to persons other than the persons who will administer the medication. E. 1. A public school shall permit a student to possess and self-apply sunscreen that is regulated by the Food and Drug Administration without the written authorization of a parent, legal guardian or physician. 2. As used in this subsection, "sunscreen" means a compound topically applied to prevent sunburn. F. The school shall keep on file the written authorization of the parent or guardian of the student to administer medicine to the student or to apply sunscreen on the student. G. As provided in the Parents' Bill of Rights, a student shall not be vaccinated at school or on school grounds or receive a vaccine as part of the mobile vaccination effort without prior written authorization, including the signature of the parent or legal guardian of the student for the vaccine or group of vaccines to be administered during a single visit. H. A school nurse, county nurse, administrator or the designated school employees shall not be liable to the student or a parent or guardian of the student for civil damages for any personal injuries to the student which result from acts or omissions of the school or county nurse, administrator or designated school employees in administering any medicine pursuant to the provisions of this section. This immunity shall not apply to acts or omissions constituting gross, willful or wanton negligence. Added by Laws 1984, c. 192, 5, emerg. eff. May 14, 1984. Amended by Laws 2018, c. 192, § 1, eff. July 1, 2018; Laws 2019, c. 474, § 1, eff. Nov. 1, 2019. §70-1-116.3. Self-administration of inhaled asthma or anaphylaxis medication - School board epinephrine injector policy. A. Notwithstanding the provisions of Section 1-116.2 of this title, the board of education of each school district shall adopt a policy on or before September 1, 2008, that permits the self- administration of inhaled asthma medication by a student for treatment of asthma, the self-administration of anaphylaxis medication by a student for treatment of anaphylaxis and the self- administration of replacement pancreatic enzymes by a student for treatment of cystic fibrosis. The policy shall require: 1. The parent or guardian of the student to authorize in writing the student's self-administration of medication; 2. The parent or guardian of the student to provide to the school a written statement from the physician treating the student that the student has asthma, anaphylaxis or cystic fibrosis and is capable of, and has been instructed in the proper method of, self- administration of medication; 3. The parent or guardian of the student to provide to the school an emergency supply of the student's medication to be administered pursuant to the provisions of Section 1-116.2 of this title; 4. The school district to inform the parent or guardian of the student, in writing, that the school district and its employees and agents shall incur no liability as a result of any injury arising from the self-administration of medication by the student; and 5. The parent or guardian of the student to sign a statement acknowledging that the school district shall incur no liability as a result of any injury arising from the self-administration of medication by the student. B. The school board of each school district that elects to stock Epinephrine or inhalers shall amend the policy identified in subsection A of this section. 1. The amended policy for Epinephrine shall require: a. the school district to inform the parent or guardian of each student, in writing, that a school nurse or school employee trained by a health care professional or trained pursuant to subsection G of this section may administer Epinephrine to a student whom the school nurse or trained school employee in good faith believes is having an anaphylactic reaction, b. a waiver of liability executed by a parent or guardian be on file with the school district prior to the administration of Epinephrine pursuant to paragraph 1 of this subsection, and c. the school district to designate the employee responsible for obtaining the Epinephrine at each school site. 2. The amended policy for inhalers shall require: a. the school district to inform the parent or guardian of each student, in writing, that a school nurse or school employee trained by a health care professional may administer an inhaler to a student whom the school nurse or trained school employee in good faith believes is having respiratory distress, b. the school district to designate the employee responsible for obtaining the inhalers and spacers or holding chambers at each school site, and c. the school district to notify the parent or guardian of a student after administration of an inhaler. C. The school district and its employees and agents shall incur no liability as a result of any injury arising pursuant to the discharge or nondischarge of the powers provided for pursuant to subparagraph a of paragraphs 1 and 2 of subsection B of this section. D. A licensed physician who has prescriptive authority may write a prescription for Epinephrine and inhalers and spacers or holding chambers to the school district in the name of the district as a body corporate specified in Section 5-105 of this title which shall be maintained at each school site. Such physician shall incur no liability as a result of any injury arising from the use of Epinephrine or the inhalers and spacers or holding chambers. E. The school district may maintain at each school a minimum of two Epinephrine devices and two inhalers with spacers or holding chambers in a secure location. Provided, however, that nothing in this section shall be construed as creating or imposing a duty on a school district to maintain Epinephrine injectors or inhalers with spacers or holding chambers at a school site or sites. F. In the event a student is believed to be having an anaphylactic reaction or respiratory distress, a school employee shall contact 911 as soon as possible. If Epinephrine is administered to a student, a school employee shall contact 911 as soon as possible. The school district shall notify the parent or guardian of any student who experiences a possible allergic reaction as soon as possible. G. The State Board of Education, in consultation with the State Board of Health, shall develop model policies which school districts shall use in compliance with this section. The model policies shall include, at a minimum, required annual training for teachers and school employees who are directly responsible for students on the topics of food allergies, recognizing anaphylaxis, and instruction on how to administer Epinephrine. The training shall be completed before the school year begins or upon hiring the teacher or school employee. Documentation certifying completion of the required training shall be retained in the personnel file of the teacher or school employee. The training may be provided online or in person by the school nurse or a recognized food allergy and anaphylaxis training program. H. The State Board of Education, in consultation with the State Board of Health, shall promulgate rules to implement this section. I. As used in this section: 1. "Medication" means a metered dose inhaler or a dry powder inhaler to alleviate asthmatic symptoms, prescribed by a physician and having an individual label, an anaphylaxis medication used to treat anaphylaxis including but not limited to Epinephrine prescribed by a physician and having an individual label, or replacement pancreatic enzymes prescribed by a physician and having an individual label; 2. "Self-administration" means a student's use of medication pursuant to prescription or written direction from a physician; 3. "Respiratory distress" means the perceived or actual presence of coughing, wheezing or shortness of breath; and 4. "Inhaler" means a device that delivers a bronchodilator to alleviate symptoms of respiratory distress that is manufactured in the form of a metered-dose inhaler or dry-powder inhaler and that may include a spacer or holding chamber that attaches to the inhaler to improve the delivery of the bronchodilator. J. The permission for self-administration of asthma, anaphylaxis or replacement pancreatic enzyme medication is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this section. K. A student who is permitted to self-administer asthma, anaphylaxis or replacement pancreatic enzyme medication pursuant to this section shall be permitted to possess and use a prescribed inhaler, anaphylaxis medication including but not limited to Epinephrine, or replacement pancreatic enzyme medication at all times. Added by Laws 2003, c. 143, § 1, emerg. eff. April 28, 2003. Amended by Laws 2008, c. 271, § 1, emerg. eff. May 27, 2008; Laws 2013, c. 397, § 1, eff. Nov. 1, 2013; Laws 2019, c. 125, § 1, eff. July 1, 2019; Laws 2019, c. 276, § 1, eff. July 1, 2019; Laws 2025, c. 184, § 2. §70-1-117. General fund - Capital and noncapital expenditures. A. The general fund of any school district is hereby defined as a current expense fund and shall consist of all revenue or monies that can legally be expended within a certain specified fiscal year, but shall not be considered as including any money derived from a special building fund levy made in accordance with the provisions of Section 10 of Article X of the Oklahoma Constitution, nor shall it include any monies derived from the sale of bonds issued under the provisions of Section 26 of Article X of the Oklahoma Constitution. All monies derived from the proceeds of the school levies made pursuant to the provisions of Section 9 of Article X of the Oklahoma Constitution shall be placed in the general fund provided by this section. Expenditures from the general fund shall be noncapital in nature. All monies derived from state-dedicated revenue, state- appropriated revenue unless otherwise provided for by law, and county sources shall be placed in the general fund provided for by this section. Except as provided for in subsections F, K, and L of this section, a district shall not be authorized to make capital expenditures as defined by this section from the general fund. B. For purposes of this section, state-dedicated revenue shall be any registration or license fees, taxes, or penalties collected at the state level and distributed to common school districts. County sources shall be all funds collected by the county and distributed to common school districts but shall not include any funds derived from the building fund levy made in accordance with the provisions of Section 10 of Article X of the Oklahoma Constitution or funds derived from the sinking fund levy made in accordance with the provisions of Section 26 of Article X of the Oklahoma Constitution. C. For the purposes of this section, a capital expenditure shall be an expenditure which results in the acquisition of fixed assets or additions to fixed assets. Capital expenditures shall include, but shall not be limited to, purchases of land or existing buildings, purchases of real property, improvements of grounds and sites for construction purposes, all expenditures for construction of buildings unless authorized by the State Board of Education or the State Board of Career and Technology Education upon application to the appropriate state board pursuant to subsection F of this section, additions to buildings, remodeling of buildings if such remodeling involves changes to roof structures or load-bearing walls, professional services, salaries and expenses of architects and engineers hired or assigned to capital projects except for such services, salaries, and expenses as are applicable in preparation for a bond issue, expenditures for the initial installation and extension of service systems and built-in heat or air equipment to existing buildings, expenditures for the replacement of a building which has been destroyed, installments and lease payments on property including interest that have a terminal date and result in the acquisition of property, and expenditures for preliminary studies made prior to the time that authority to proceed with a construction project is given if authority is received within the same fiscal year that the expenditure was made. D. Noncapital expenditures shall include, but shall not be limited to, expenditures for maintenance, repair, and replacement of property and equipment, initial or additional purchases of furniture and equipment, direct expenses for maintenance of plant including grounds, salaries for maintenance of plant including salaries for the upkeep of grounds, and repair and replacement of building structures which do not add to existing facilities and which do not involve changes in roof structures or load-bearing walls and which are not classified as a capital expenditure by this section. E. The State Board of Education shall adopt and amend regulations regarding the classification, definition, and financial administration of funds, accounts, and expenditures in accordance with the requirements of this section. F. A school district shall be authorized to make capital expenditures from the general fund to defray the cost of rebuilding a school building only if a school building or facility has been destroyed by a fire or natural disaster, such as flood, tornado, or other act of God, or by an act of a public enemy of the United States or this state and monies received by the district through insurance coverage, federal reimbursement, contributions, and allocation from the State Board of Education from the State Public Common School Building Equalization Fund are insufficient to rebuild the facility. Capital expenditures from the general fund pursuant to this subsection shall be limited to an amount necessary to defray the cost of rebuilding the facility which exceeds monies received by the school district through insurance, federal reimbursement, contributions, and state allocations. G. Schools which receive gifts, donations, or state- appropriated monies for the purpose of capital expenditures or projects shall place such monies in the building fund, as provided by Section 1-118 of this title, and not in the general fund. School districts which receive gifts, grants, or donations of monies for noncapital expenditures may place the monies in the general fund, and such monies shall not be required to be used during the year in which the money was received but may accumulate from year to year. H. School districts which receive monies from rental, sale, or lease of buildings, impact aid monies, or grants, gifts, or donations for capital purposes, whether from state, federal, or other sources, may place such monies in the building fund authorized by Section 1-118 of this title or the general fund authorized by this section. I. Any construction of a building included as a capital expenditure from the general fund of a school district which is authorized and has had a contractual agreement concerning such construction executed prior to July 1, 1991, may be proceeded with and completed as authorized prior to July 1, 1991, as a capital expenditure from such general fund. J. School districts receiving revenues authorized by Section 9B of Article X of the Oklahoma Constitution shall be authorized to make capital expenditures from the general revenue fund no greater than the amount levied by the incentive millage. K. Upon the approval of the State Board of Education, a school district shall be authorized to make capital expenditures as defined in this section from its general fund if: 1. A bond issue has been rejected at an election by the school district electors voting on that question within the current school year, as certified by the secretary of the county election board; or 2. The school district has voted indebtedness at any time within the preceding three (3) school years through the issuance of bonds or through approval by voters of issuance of new bonds for more than eighty-five percent (85%) of the maximum allowable pursuant to the provisions of Section 26 of Article X of the Oklahoma Constitution as shown on the school district budget filed with the State Board of Equalization for the current school year and certifications by the Attorney General prior to April 1 of the current school year. The State Board of Education shall establish the rules to administer the provisions of this subsection which shall include, but not be limited to, specification of a maximum amount of general fund monies to be used for capital expenditures, the purposes for which such funds may be expended, and the period of time in which such funds shall be encumbered. L. Other provisions of this section notwithstanding, a school district shall be authorized to make capital expenditures from the general fund if the total assessed property valuation per average daily attendance is less than sixty percent (60%) of the state average total assessed property valuation per average daily attendance and if, for each year in which general fund revenue is used for capital expenditures, the district has voted the five-mill building fund levy authorized in Section 10 of Article X of the Oklahoma Constitution and has voted indebtedness through the issuance of new bonds for at least eighty-five percent (85%) within the last three (3) years of the maximum allowable pursuant to the provisions of Section 26 of Article X of the Oklahoma Constitution as shown on the school district budget filed with the State Board of Equalization for the current school year and certifications by the Attorney General prior to April 1 of the school year. Provided, the maximum amount of general fund revenue used for capital expenditures pursuant to this subsection shall not exceed five percent (5%) of the total yearly revenue to the general fund. Such fund may not be used for capital expenditures for more than five (5) consecutive years and may only be utilized for remodeling or construction of classroom facilities and such ancillary facilities to such classrooms as may be necessary. Provided, further, the Superintendent of Public Instruction shall certify in writing, prior to the expenditure of the funds for which provision is made in this subsection, that such expenditures are in compliance with the provisions of this subsection. Added by Laws 1971, c. 281, § 1-117, eff. July 2, 1971. Amended by Laws 1989, 1st Ex. Sess., c. 2, § 114, emerg. eff. April 25, 1990; Laws 1991, c. 209, § 2, eff. July 1, 1991; Laws 1992, c. 324, § 6, eff. July 1, 1992; Laws 1995, c. 153, § 2, emerg. eff. May 2, 1995; Laws 2001, c. 33, § 65, eff. July 1, 2001; Laws 2002, c. 89, § 1, eff. July 1, 2002; Laws 2003, c. 173, § 1, eff. July 1, 2003; Laws 2009, c. 250, § 1, eff. July 1, 2009; Laws 2025, c. 285, § 1, eff. July 1, 2025. §70-1-118. Building and operations fund - Definition. The building fund of any school district shall consist of all monies derived from the proceeds of a building fund levy of not to exceed five (5) mills in any year, voted by the people of a school district pursuant to the provisions of Article X, Section 10 of the Oklahoma Constitution, monies appropriated by the state for the purpose of capital expenditures or projects, monies allocated to a school district by the State Board of Education from the State Public Common School Building Equalization Fund and monies donated to a school district for the purpose of capital projects or improvements and may be used for erecting, remodeling, repairing or maintaining school buildings, for purchasing furniture, equipment and computer software to be used on or for school district property, for repairing and maintaining computer systems and equipment, for paying energy and utility costs, for purchasing telecommunications utilities and services, for paying fire and casualty insurance premiums for school facilities, for purchasing security systems, for paying salaries of security personnel, for purchasing school buses, or for one or more, or all, of such purposes. Proceeds of such levies shall not be required to be used during the year for which a levy is made but may accumulate from year to year until adequate for the purposes intended. The building fund may also consist of monies allocated to a school district via the federal Coronavirus Response and Relief Supplemental Appropriation Act of 2021 (CRRSA) and the federal American Rescue Plan Act of 2021 (ARP). The building fund hereinabove defined is hereby declared to be a current expense fund, but shall not be considered a part of the general operating fund. No monies derived from the proceeds of the school levies made pursuant to the provisions of Article X, Section 9 of the Oklahoma Constitution may be placed in the building fund provided by this section. Added by Laws 1971, c. 281, § 1-118, eff. July 2, 1971. Amended by Laws 1989, 1st Ex. Sess., c. 2, § 115, emerg. eff. April 25, 1990; Laws 1991, c. 209, § 3, eff. July 1, 1991; Laws 1994, c. 319, § 1, eff. Sept. 1, 1994; Laws 2010, c. 297, § 1, emerg. eff. June 6, 2010; Laws 2018, c. 161, § 1; Laws 2021, c. 495, § 1, eff. July 1, 2021; Laws 2024, c. 445, § 1, eff. July 1, 2024. NOTE: Laws 2018, c. 161, § 1, amending this section, was contingent upon the passage of Senate Joint Resolution No. 70, State Question No. 801, Legislative Referendum No. 374, at election held on Nov. 6, 2018. State Question No. 801 did not pass at the election, the amendment proposed by Laws 2018, c. 161, § 1, did not take effect. §70-1-118.1. Building fund - Technology center school districts. The building fund of any technology center school district shall consist of all monies derived from the proceeds of a building fund levy not to exceed five (5) mills in any year, voted by the people of a school district pursuant to the provisions of Section 10 of Article X of the Oklahoma Constitution, monies appropriated by the state for the purpose of capital expenditures or projects, and monies donated to a school district for the purpose of capital projects or improvements and may be used for purchasing, providing, erecting, remodeling, repairing or maintaining any of the following: school buildings, furniture, computer systems and equipment, software for instructional and noninstructional purposes, energy and utility costs, telecommunications utilities and services, fire and casualty insurance premiums for school facilities, security, student transportation, grounds maintenance including parking lots and sidewalks, instructional and maintenance equipment, or for one or more, or all, of these purposes. Proceeds of the levies shall not be required to be used during the year for which a levy is made but may accumulate from year to year until adequate for the purposes intended. The building fund defined in this section is hereby declared to be a current expense fund, but shall not be considered a part of the general operating fund. No monies derived from the proceeds of the school levies made pursuant to the provisions of Section 9B of Article X of the Oklahoma Constitution may be placed in the building fund provided by this section. Added by Laws 1994, c. 167, § 1, eff. July 1, 1994. Amended by Laws 1995, c. 257, § 1, emerg. eff. May 25, 1995; Laws 2001, c. 33, § 66, eff. July 1, 2001; Laws 2010, c. 297, § 2, emerg. eff. June 6, 2010; Laws 2012, c. 234, § 1, eff. July 1, 2012. §70-1-119. Sinking fund - Definition. The sinking fund of any district shall consist of all money derived from ad valorem taxes or otherwise as provided by law for the payment of bonds and judgments and interest thereon. Added by Laws 1971, c. 281, § 1-119, eff. July 2, 1971. §70-1-120. Repealed by Laws 1981, c. 347, § 50, emerg. eff. July 1, 1981. §70-1-121. Conflicting provisions. The provisions of this act shall control over any conflicting provisions in the laws of this state. Laws 1976, Chapter 1, Section 2. Laws 1976, c. 1, § 2. §70-1-122. Contributions to Public School Classroom Support Revolving Fund - Tax forms. A. Each individual taxpayer required to file a state income tax return and each corporation required to file a corporate tax return who desires to contribute to the Public School Classroom Support Revolving Fund created in Section 1-123 of this title may designate the contribution on the appropriate income or corporate tax form. The contribution may not increase or decrease the income or liability of the taxpayer and may be made by reducing the tax refund of a taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate. B. 1. The Oklahoma Tax Commission shall include on each state individual income or corporate tax return form for tax years beginning after December 31, 2011, an opportunity for the taxpayer to donate for the benefit of the Public School Classroom Support Revolving Fund. The instructions accompanying the tax form shall be provided to the Oklahoma Tax Commission by the State Superintendent of Public Instruction and shall contain a description of the purpose for which the Public School Classroom Support Revolving Fund was established and information on the use of monies from the tax contribution. 2. Taxpayers who are entitled to refunds shall have the refunds reduced by the amount designated by the taxpayer. The Oklahoma Tax Commission shall annually determine the total amount designated plus the amount received in excess payments and shall report the total amount to the Office of the State Treasurer. The State Treasurer shall credit the total amount to the Public School Classroom Support Revolving Fund created in Section 1-123 of this title at the earliest possible time. C. The incremental cost of administration of contributions shall be paid out of the fund to the Oklahoma Tax Commission from amounts received pursuant to this section before funds are expended for the purposes of the fund. D. Pursuant to Section 2368.18 of Title 68 of the Oklahoma Statutes, the income tax checkoff contained in this section is hereby reauthorized effective January 1, 2019. Added by Laws 2011, c. 336, § 1, eff. July 1, 2011. Amended by Laws 2018, c. 93, § 1, eff. July 1, 2018. §70-1-123. Public School Classroom Support Revolving Fund. A. There is hereby created in the State Treasury a revolving fund for the State Board of Education to be designated the "Public School Classroom Support Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Board of Education from the state income tax checkoff as provided for in Section 1-122 of this title, any state-appropriated funds, federal funds, donations, grants, contributions, and gifts from any public or private source. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Board of Education for the purposes of providing grants to public school classroom teachers as provided for in subsection B of this section. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. B. Contingent upon the amount of funds available in the Public School Classroom Support Revolving Fund, the State Board of Education shall award one or more grants annually to classroom teachers. The grants shall be used by the classroom teacher for supplies, materials, or equipment for the class or classes taught by the teacher. The Board shall determine the criteria for and establish a process for the submission of grants applications. The applications shall be considered on a statewide competitive basis. The Board shall promulgate rules for the implementation of the grants issued pursuant to this section. Added by Laws 2011, c. 336, § 2, eff. July 1, 2011. Amended by Laws 2012, c. 304, § 587. §70-1-124. Per-pupil expenditure defined - Expenditure categories. A. Unless otherwise specifically defined, "per-pupil expenditure" shall mean the aggregate current expenditures of school districts, from all funding sources including federal funds, state funds and local funds, plus the direct support aggregate current expenditures of the state for the day-to-day operations of schools and school districts from all funding sources including federal funds, divided by the aggregate student membership number for the same fiscal year for which the expenditures are determined. The aggregate student membership number shall be the count of students enrolled on October 1 or the school day closest to October 1 to whom school districts in the state provide a public education. The aggregate current expenditures shall include without limitation the following categories of expenditures: 1. Instruction provided by school district instructional staff; 2. Academic instruction provided through career and technology education programs in comprehensive schools or at technology center schools that satisfy high school graduation requirements; 3. Instruction provided through concurrent classes that satisfy high school graduation requirements; 4. Support services for students; 5. Support services for instructional staff; 6. Support services for general administration; 7. Support services for school administration; 8. Support services for business; 9. Operation and maintenance of plant services; 10. Student transportation services; 11. Child nutrition services; and 12. Enterprise services. B. Aggregate current expenditures shall not include expenditures for adult and community education, facilities acquisition and construction services, debt services, property, and other expenditures not related to the day-to-day operations. C. The provisions of subsection A of this section shall apply when related to the expenditure of public funds by educational and governmental entities. When reporting or publishing the per-pupil expenditure for any purpose, the State Department of Education shall also report or publish each category of expenditure as listed in subsection A of this section as well as the aggregate expenditure. Added by Laws 2017, c. 191, § 1, eff. Nov. 1, 2017. Amended by Laws 2025, c. 189, § 1, eff. July 1, 2025. §70-1-125. Restrooms in public schools. A. As used in this section: 1. "Sex" means the physical condition of being male or female based on genetics and physiology, as identified on the individual’s original birth certificate; 2. "Multiple occupancy restroom or changing area" means an area in a public school or public charter school building designed or designated to be used by more than one individual at a time, where individuals may be in various stages of undress in the presence of other individuals. The term may include but is not limited to a school restroom, locker room, changing room, or shower room; 3. "Coach" means a person employed by a public school district or public charter school who is involved in the teaching or training of students participating in a school-sponsored athletic activity; and 4. "School-sponsored athletic activity" means a sporting event that is supported and affiliated with the school such as games, matches, and tournaments. B. To ensure privacy and safety, each public school and public charter school that serves students in prekindergarten through twelfth grades in this state shall require every multiple occupancy restroom or changing area designated as follows: 1. For the exclusive use of the male sex; or 2. For the exclusive use of the female sex. C. Each public school or public charter school in this state shall provide a reasonable accommodation to any individual who does not wish to comply with the provisions of subsection B of this section. A reasonable accommodation shall be access to a single- occupancy restroom or changing room. D. The provisions of this section shall not apply to individuals entering a multiple occupancy restroom or changing area designated for use by the opposite sex when entering in any of the following circumstances: 1. For custodial, maintenance, or inspection purposes; 2. To render emergency medical assistance; or 3. If a suitable meeting room or area is not available, a coach may enter a locker room before, during, or after a school-sponsored athletic activity, provided: a. all students present are fully clothed, b. the coach shall be accompanied by at least one additional adult at all times, and c. if the coach is the opposite sex of the students present, the coach shall be accompanied by at least one adult of the same sex as the students present. The adult shall not be a current high school student. E. 1. Each school district board of education and public charter school governing board shall adopt a policy to provide disciplinary action for individuals who refuse to comply with the provisions of this section. 2. No school district board of education or charter school governing board shall adopt a policy contrary to the provisions of this section. F. Upon a finding of noncompliance with the provisions of subsections B, C, and D of this section by the State Board of Education, the noncompliant school district or public charter school shall receive a five percent (5%) decrease in state funding for the school district or public charter school for the fiscal year following the year of noncompliance. G. A parent or legal guardian of a student enrolled in and physically attending a public school district or public charter school shall have a cause of action against the public school district or public charter school for noncompliance with the provisions of subsections B, C, and D of this section. H. The State Board of Education shall promulgate rules to implement the provisions of this section. Added by Laws 2022, c. 323, § 1, emerg. eff. May 25, 2022. Amended by Laws 2023, c. 283, § 1, eff. July 1, 2023. §70-1-126. Use of cell phones and personal electronic devices in schools. A. As used in this section: 1. “Bell to bell” means the time between the first bell ringing at the start of the school day to begin instructional time until the dismissal bell at the end of the school day to end instructional time; and 2. “Personal electronic device” means a personal device capable of connecting to a smart phone, the Internet, or a cellular or Wi-Fi network, or directly connecting to another similar device. Personal electronic devices include, but are not limited to, smart watches, smart headphones, laptops, tablets, and smart glasses. Personal electronic devices shall not include school-issued or school- approved devices that are specifically limited for use in classroom instruction. B. 1. For the 2025-2026 school year, each school district board of education shall adopt a policy prohibiting students from using cell phones and personal electronic devices while on the campus of a public school district from bell to bell. The policy shall include disciplinary procedures for violations. 2. For the 2026-2027 school year and each school year thereafter, each school district board of education may adopt a policy prohibiting students from using cell phones and personal electronic devices while on the campus of a public school district from bell to bell. C. The policy adopted pursuant to subsection B of this section may provide for exceptions including, but not limited to: 1. Emergency use of cell phones or personal electronic devices by students during the school day; and 2. Use of cell phones or personal electronic devices by students who use them to monitor health issues. Added by Laws 2025, c. 30, § 1.